[House Hearing, 118 Congress]
[From the U.S. Government Publishing Office]
2022 MIDTERMS LOOK BACK SERIES: ELECTION
OBSERVER ACCESS
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HEARING
BEFORE THE
SUBCOMMITTEE ON ELECTIONS
OF THE
COMMITTEE ON HOUSE ADMINISTRATION
HOUSE OF REPRESERNTATIVES
ONE HUNDRED EIGHTEENTH CONGRESS
FIRST SESSION
__________
MARCH 23, 2023
__________
Printed for the use of the Committee on House Administration
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
www.govinfo.gov
www.cha.house.gov
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U.S. GOVERNMENT PUBLISHING OFFICE
53-884 WASHINGTON : 2024
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COMMITTEE ON HOUSE ADMINISTRATION
BRYAN STEIL, WISCONSIN, Chairman
BARRY LOUDERMILK, Georgia JOSEPH MORELLE, New York,
MORGAN GRIFFITH, Virginia Ranking Member
GREG MURPHY, North Carolina TERRI A. SEWELL, Alabama
STEPHANIE BICE, Oklahoma DEREK KILMER, Washington
MIKE CAREY, Ohio NORMA TORRES, California
ANTHONY D'ESPOSITO, New York
LAUREL LEE, Florida
Tim Monahan, Staff Director
Jamie Fleet, Minority Staff Director
------
SUBCOMMITTEE ON ELECTIONS
LAUREL LEE, FLORIDA, Chair
BARRY LOUDERMILK, Georgia TERRI A. SEWELL, Alabama,
STEPHANIE BICE, Oklahoma Ranking Member
ANTHONY D'ESPOSITO, New York NORMA TORRES, California
Caleb Hays, Subcommittee Staff Director
C O N T E N T S
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Page
Opening Statments
The Honorable Laurel Lee, Representative from the state of
Florida........................................................ 1
The Honorable Terri A. Sewell, Representative from the state of
Alabama........................................................ 3
The Honorable Bryan Steil, Representative from the state of
Wisconsin...................................................... 12
The Honorable Joseph Morelle, Representative from the state of
New York....................................................... 13
The Honorable Norma Torres, Representative from the state of
California..................................................... 62
Witness Statements
Lynn Taylor...................................................... 18
Josh Findlay..................................................... 27
Michael Cunnington............................................... 32
Lisa Lyons....................................................... 36
Benjamin Hovland................................................. 40
Submissions for the Record
Article from Reuters "Stop the Steal"............................ 5
Congressional Election Observation and Contested Elections: A
Primer......................................................... 48
2022 MIDTERMS LOOK BACK SERIES: ELECTION OBSERVER ACCESS
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Thursday, March 23, 2023
House of Representatives,
Subcommittee on Elections,
Committee on House Administration,
Washington, DC.
The Subcommittee met, pursuant to notice, at 10:30 a.m., in
room 1310, Longworth House Office Building, Hon. Laurel Lee
[Chair of the Subcommittee] presiding.
Present: Representatives Lee, Loudermilk, D'Esposito,
Steil, Morelle, Sewell, and Torres.
Staff present: Tim Monahan, Staff Director; Caleb Hays,
Deputy Staff Director, General Counsel, Acting Parliamentarian;
Hillary Lassiter, Clerk; Jordan Wilson, Director of Member
Services; Thomas Lane, Elections Counsel & Director of
Elections Coalitions; Alex Deise, Counsel; Jamie Fleet,
Minority Staff Director; Khalil Abboud, Minority Deputy Staff
Director, Chief Counsel; Sarah Nasta, Minority Elections
Counsel; Sean Wright, Minority Senior Elections Counsel; Eddie
Flaherty, Minority Chief Clerk; and Andrew Garcia, Minority
Special Assistant.
Chair Lee. The Subcommittee on Elections will come to
order. I note that a quorum is present.
Without objection, the chair may declare a recess at any
time.
Without objection, the meeting record will remain open for
5 legislative days so that members may submit any materials
they wish included therein.
Thank you, Ranking Member Sewell, members of the
Subcommittee, and our witnesses for joining us today.
During our first Subcommittee hearing, we heard from state
and local election officials about the work they're doing to
administer safe and secure elections that voters can trust.
Today, we'll continue our 2020 Midterms Look Back Series with a
discussion on the important role that election observers played
in the last election cycle in helping to strengthen voter
confidence in the elections processes and outcomes.
Election administration is a core government responsibility
that must be conducted in the open to build trust and
understanding among voters. Election observers help to make
that a reality. Election observation provides an independent
perspective of the election administration process to reassure
voters of its integrity or flag issues for correction. It's
simple. A healthy election system includes meaningful election
observer access, and we commend the many state and local
election officials and poll watchers across country who worked
tirelessly in 2022 to make this key election integrity process
work effectively.
While there are different types election observers,
including party and campaign observers, citizen group
observers, congressional observers, and others, they all have a
common goal of providing voters an independent perspective of
the public process of election administration. Even just the
presence of election observers on the ground inherently
increases election integrity and voter confidence. Voters know
the election administration process will be monitored and
election officials know they have a direct line to the
interested parties, as they work to resolve any issues that
might come up.
Observers are present to watch the election administration
process, to ask questions, and to build an independent record
for education, certification, resolution, or for other
purposes, but never to interfere with the process. In the case
of congressional observers, they assure Congress that the
person who was elected was done so as a result of free and fair
election, which is a key constitutional responsibility.
While state law generally governs election observation, the
Constitution also gives Congress a role, providing for
observation of congressional elections by each respective
Chamber. For years, both sides of the aisle in the House of
Representatives have trained and deployed congressional staff
to observe House elections across the country. For example,
during the 2022 midterms, the Committee on House Administration
Republicans offered multiple trainings and deployed dozens of
congressional staff who volunteered to observe elections in
many States across our country, including Arizona, California,
Colorado, Iowa, Maryland, Michigan, New Jersey, New York,
Pennsylvania, and Virginia.
The independent record created by congressional observers
is necessary in the event of an election contest like we saw in
the House during 2021, when some House Members attempted to
overturn the election of Congresswoman Mariannette Miller-Meeks
in Iowa's Second congressional District. A political party or
campaign observer plays a key role in ensuring that both sides
of any issue are represented in any area where ballots are
processed and counted. In fact, for decades many states have
required political parties and candidates to name observers so
that this bipartisan balance is maintained and each team has
its people in the room.
For similar reasons, the work that citizen groups have done
to recruit and train professional poll workers is critical to
promoting voter confidence. In order to be effective, it is
critical that all election observers not only have the
appropriate training on the role and responsibilities of
observers but also meaningful access to every aspect of the
election administration process that involves ballots, election
equipment or voters. This means that observers must be able to
see and hear election administration processes clearly and
effectively to view documents and equipment, and must have
their questions answered by expert officials.
Unfortunately, in recent years, some election offices have
blocked observer access by using physical barriers, such as
cardboard over windows, or using outdated pandemic rationales,
including unreasonable distances that required observers to use
binoculars to view the process. Still others have denied access
to Republican and Democrat congressional observers based on a
misunderstanding of the process or the law. Those restrictions
rightfully raised questions among voters, who deserve
transparent, free, and secure elections.
Through an open and productive observation process, we can
increase public confidence in elections for voters of all
political parties and enhance election operations without
adding unnecessary burden or disruption to the election
administrators. Today, we'll hear from experts about why we
must ensure that election observers have access. Election
observation should never be a partisan issue. Regardless of
one's party preference, all voters benefit from having well-
trained observers on the ground. I look forward to working
together to ensure that the unnecessary restrictions we've seen
play out in recent years do not continue, and, instead, we work
to increase access and transparency for all voters.
I now recognize Ranking Member Ms. Sewell for 5 minutes for
the purpose of providing an opening statement.
Ms. Sewell. Good morning, and thank you, Chairwoman Lee,
for welcoming us today.
Observation at the poll and during the voting process,
counting, and certification process is a critical role and a
critical tool to increase transparency in electoral process and
provides the public, candidates, political parties, nonpartisan
entities, international organizations, and others with
important insight and oversight of the electoral process.
Additionally, for decades, the House of Representatives
operated its own election observer program. It does so under
the power granted to the House in Article I, section 5, of the
United States Constitution to, quote, be the judge of the
elections, returns, and qualification of its own members, end
quote. Observers are able to gather facts in an objective,
nonobtrusive, bipartisan manner on congressional races that may
be close and could possibly come before the House in the form
of a contest. Indeed, there is a longstanding practice of
working collaboratively on a bipartisan basis to send observers
to congressional districts as a part of this program.
The role of an election observer, unless otherwise
authorized by law, is just do that: to observe and monitor the
election and post-election process without violating the
privacy of a voter or disrupting the election. Election
officials have made significant strides in increasing
transparency in the electoral process and providing an
opportunity for election observation.
For example, some now livestream the process and counting
of ballots, as well as the canvassing and certification of
election results, so anyone can watch and observe the process
for themselves. Many others allow the public to view the
testing of voting machines before an election.
We must be clear: While transparency is always preferred,
there is no evidence of widespread fraud in the United States'
elections nor is there any evidence of widespread malfeasance
on the part of election officials, their staffs, or election
volunteers.
Furthermore, election workers are operating in an
environment of increasing threats and harassment and are
battling against a barrage of election-related mis-and
disinformation. Election officials must balance the safety and
security of their staffs and the ballots with the need for
transparency and observer access.
The Brooks Brothers riot of Florida in 2000 and the armed
persons outside the elected facility in Maricopa, Arizona, and
Philadelphia, Pennsylvania, in 2020 are illustrations of how a
situation can quickly become a dangerous one.
We also cannot ignore the legacy of voter intimidation at
the polls or by poll watchers and challengers. Thus, a balance
must be struck, one that provides all the necessary observer
access while keeping in mind the lessons of past elections.
While there is much room for improvement as well as
implementing new transparency and security measures, they all
take resources, resources many local election officials may not
have to spare. It is, therefore, imperative that Congress
provide state and local election officials with the funding
resources they need to implement best practices for election
observation, voter engagement, training, and, election
administration.
I look forward to hearing today's testimony and working
closely with the chairwoman to find ways to strike the balance
between ensuring transparency and access to the electoral
process and safety.
Thank you, and I yield back the balance of my time.
Ms. Sewell. Before I do so, actually, Madam Chair, I ask
unanimous consent to enter into the record an October 13th,
2022, article from Reuters entitled ``'Stop the steal'
supporters train thousands of U.S. poll observers'' in a
Reuters report concerning election officials and documented
evidence of intimidation.
Chair Lee. Without objection, material adopted.
[The information referred to follows:]
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Chair Lee. I now recognize full Committee Chair Bryan Steil
for the purpose of delivering opening remarks.
The Chairman. Thank you, Chair Lee, Ranking Member Sewell,
and members of the Subcommittee and witnesses for joining us
today.
As part of the 2022 Midterm Look Back Series, we're engaged
in a conversation to highlight what states have done well and
to reflect on lessons learned. Today, we'll continue that
discussion by examining the role of election observers, who are
essential to a healthy election administration system. Election
observers simply means more transparency. Observers provide an
independent and essential perspective on the elections
administration process.
Ultimately, election observers is one of the best tools in
our arsenal to promote voter confidence in election processes
and outcomes. Most elections officials across the country
welcome and value election observers as partners to promote
voter confidence and to help identify areas for improvement.
Unfortunately, there are some election officials who have
restricted access and hindered the work of election observers
in recent years. That's why I have introduced the confirmation
of congressional Observer Access Act last Congress to promote
access for observers working on behalf of Congress. The
Constitution already requires states to allow access for
designated congressional election observers to observe election
administration procedures in an election for Federal office.
But we have heard from some officials that a statutory
citation of convenience would help them. The bill doesn't
change Federal law or impose any burden beyond what the
Constitution already requires. However, it would go a long way
to ensure that we're working with state and local officials who
actually administer our election. This includes access to
polling places and other facilities where ballots are cast,
processed, tabulated, and canvassed, and the results certified,
where voter registration activities occur before an election
and where election administration procedures to prepare for the
election or carry out post-election recounts.
While in general Congress should respect the determination
of state authorities with respect to the election of members to
each Chamber of Congress, the Constitution requires that each
Chamber to serve as its own final judge of elections,
qualifications, and returns of its own members. We must also
ensure that every person who was sworn in was elected by their
constituents in a free and fair election. The Designated
congressional Observers Act assists Congress in developing its
own factual record in preparation for any potential election
contest.
Congress has deployed election observers to observe
congressional elections in states for decades. They must ensure
they have necessary access. This Committee runs the House
Election Observer Program, working hard the past several
Congresses to expand and improve the program. We've trained and
deployed congressional staff to election sites across county.
We know that greater transparency leads to increased voter
confidence, which in turn leads to increased voter turnout. I
look forward to working in a nonpartisan way to continue
highlighting the key role election observers play in the
election administration process.
Thank you, Chair Lee. I yield back.
Chair Lee. Thank you, Chairman Steil.
I now recognize full committee Ranking Member Mr. Morelle
for the purpose of delivering opening remarks.
Mr. Morelle. Good morning. Thank you, Chairwoman Lee, for
yielding time. Thank you to Ranking Member Sewell, and all of
my colleagues.
Election observers and observer access are a longstanding
and necessary part of the electoral process. The House of
Representatives itself has been conducting an Election Observer
Program for decades, exercising the constitutional authority,
which has been mentioned by my colleagues, under the Judging
Clause of Article I, section 5, clause 1, of the U.S.
Constitution, to send observers to gather information in
elections that may eventually come before the House in the form
of a contest.
House observers conduct their work in an unobtrusive
bipartisan manner. I agree that we should continue to work to
improve transparency and education around our elections, but
that also needs to be balanced with the safety and security of
election workers to ensure voter privacy and the security of
ballots and voting equipment. Voters must be free to cast a
ballot without intimidation, and election workers must be free
to process and count those ballots without fear of harassment,
threats, or harm.
Additionally, as state and local election officials work to
improve access, transparency, and security, they need funding
to do so. Federal elections are on the ballot in every State
every 2 years, and we should fully fund their security and
administration.
Tragically, this country has a long history of voter
intimidation. The Republican National Committee itself, for
example, was subject to a consent decree for several decades
for alleged voter intimidation tactics. In recent years, lies
and disinformation about the Presidential election fueled armed
protests in Arizona 2020 as ballots were being counted.
In testimony before the full Committee in 2021, former
Maricopa County recorder and now secretary of State in Arizona
Adrian Fontes detailed, for example, how a staff member of his
was pulled outside the building where ballots were being
processed and counted and was cornered by apparently armed
members of a protest, requiring intervention from local law
enforcement.
At that same hearing, Janice Winfrey, city clerk of
Detroit, Michigan, testified that, during the tabulation of the
absentee ballots, multiple challengers had to be removed
because of disruptive behavior.
Philadelphia City Commissioner Lisa Deeley also testified
before this Subcommittee in 2022 on how, during the ballot
counting process following the 2020 election, she was escorted
everywhere by two police officers, even when going to the
bathroom inside the convention center, where workers were
supposed to be safe while processing ballots.
In Arizona, again in 2022, individuals armed and in
tactical gear showed up to, quote/unquote, monitor ballot drop
boxes. And these examples are not the only ones in recent
years.
There is no doubt: America's elections are fair and secure.
Election observation is a critical part of the democratic
process. We can, and we must strike a balance between
transparency and safety, and in search of that balance, I'm
looking forward to today's testimony and discussion.
Thank you, Chairwoman Lee.
I yield back.
Chair Lee. Thank you, Ranking Member Morelle.
Without objection, all other members' opening statements
will be made part of the hearing record if they are submitted
to the committee clerk by 5 p.m. today.
Pursuant to paragraph (b) of Committee rule 6, the
witnesses will please stand and raise your right hand.
[Witnesses sworn.]
Chair Lee. Thank you. You may be seated.
Let the record show that the witnesses answered in the
affirmative.
I will now introduce our witnesses. Our first witness, Ms.
Lynn Taylor, is the president and cofounder of the Virginia
Institute for Public Policy, an independent nonpartisan
education and research organization that develops and promotes
public policy consistent with the Virginia tradition of
individual liberty, dynamic entrepreneurial capitalism, and
constitutionally limited government. In addition, Ms. Taylor is
a cofounder and chair of the Virginia Fair Elections Coalition
and, as of February 1st, 2023, serves as chairman of the
Election Integrity Network, a project of the Virginia
Institute.
Our next witness, Mr. Josh Findlay, currently serves as the
first ever National Director of Election integrity for the
Republican National Committee, where he is responsible for
building the organization's national election integrity
infrastructure. Mr. Findlay's legal portfolio includes
Presidential ballot access, national convention delegate
elections, and electoral college selection, in addition to
serving as legal counsel to President Donald Trump's 2020
reelection campaign.
Our next witness, Mr. Mike Cunnington, previously served on
the Summit County, Ohio, Board of Elections as an
administrator, overseeing the program for election day workers,
and as a policy aide for a Member of Ohio's congressional
delegation. During his time as a congressional staff member,
Mr. Cunnington also served as an election policy advisor to the
Committee on House Administration. Most importantly, Mr.
Cunnington served as a congressional election observer during
his tenure with the House and has continued to work with the
Committee to train observers each election cycle.
Our next witness, Ms. Lisa Lyons, is serving her second
term as county clerk and register of deeds in Kent County,
Michigan. Prior to serving at the county level, Ms. Lyons
represented her community in the Michigan House of
Representatives from 2010 to 2016. As county clerk, Ms. Lyons
is responsible for three major functions of county government:
administering all elections within Kent County, preserving
vital county records, and maintaining and safeguarding all
circuit court files.
Finally, Commissioner Benjamin Hovland, confirmed on
January 2nd, 2019, by the U.S. Senate, currently serves as Vice
Chair of the Election Assistance Commission and is the
designated Federal officer for the local leadership council.
With over 20 years of experience in elections, Commissioner
Hovland's career has focused on legal issues related to
campaign finance regulation and the administration of State and
Federal elections, including recounts, poll worker training,
voter registration list maintenance, statewide data base
matching, voter education, and ballot initiative litigation. We
appreciate our witnesses being here today, and look forward to
your testimony.
As a reminder, we have read your written statement, and it
will appear in full in the hearing record. Under Committee rule
9, you are to limit your oral presentation to a brief summary
of your written statement, unless I extend the time period in
consultation with Ranking Member Sewell. Please remember to
press the button on the microphone in front of you so that it
is on and members can hear you. When you begin to speak, the
light in front of you will turn green. After 4 minutes, it will
turn yellow. When the red light comes on, your 5 minutes has
expired, and we ask that you please wrap up.
I now recognize Ms. Taylor for 5 minutes.
STATEMENT OF LYNN TAYLOR, PRESIDENT, VIRGINIA INSTITUTE FOR
PUBLIC POLICY; JOSH FINDLAY, NATIONAL ELECTION INTEGRITY
DIRECTOR, REPUBLICAN NATIONAL COMMITTEE; MICHAEL CUNNINGTON,
FORMER CONGRESSIONAL OBSERVER; THE HONORABLE BENJAMIN HOVLAND,
COMMISSIONER, U.S. ELECTION ASSISTANCE COMMISSION; AND LISA
LYONS, COUNTY CLERK, KENT COUNTY, MICHIGAN
STATEMENT OF LYNN TAYLOR
Ms. Taylor. Chair Lee, Ranking Member Sewell, and members
of the subcommittee, my name is Lynn Taylor. I am president of
the Virginia Institute for Public Policy. More importantly for
this hearing today, I am the chairman of the Virginia Fair
Elections Coalition and the Election Integrity Network. Thank
for this opportunity to appear before you today to set the
record straight on a topic about which the media and government
agencies have been misleading the American people for the past
2 years; that is that poll watchers in elections are somehow a
problem for the election system and election officials.
Let me be clear about one singularly important point:
Citizen observers and poll watchers are a fundamental and vital
part of the election process, and the involvement of citizens
is the surest way to restore the confidence of the American
people in the truth and honesty of our elections.
State laws describe who appoints poll observers, what their
roles are, what the observers can do or not do, and what they
are allowed to observe. Poll watchers are an integral part of
the election codes of virtually every state in the Nation. But
there has been a steady drumbeat of the media, the current
administration, and partisan nonprofit organizations advancing
the false narrative that citizen poll watchers are unnecessary
or even a threat to democracy. The truth and reality of the
matter is that citizen poll watchers are a key component in
protecting our Republic.
In Virginia, where I serve as president of the Virginia
Institute for Public Policy, election integrity advocates and
leaders gather to analyze the election systems in our state. We
began to coalesce in 2021 into local task forces led by citizen
volunteers, and we formed the Virginia Fair Elections
Coalition, the VFE, which I chair.
The coalition began meeting weekly in 2021 and continues
today as we recruit, train, and deploy concerned citizens from
across the Commonwealth of Virginia to become involved as
volunteer election observers and leaders, not just at election
time but year in and year out. Virginia's election system has
been upended by so called reforms where we now have 45 days of
early voting, no voter identification, same-day registration,
and a constant push for unsupervised voting by mail.
It is not a system that inspires confidence in the
integrity of the outcome. But VFE's members determined that we
were not going to whine over what had happened with the changes
in our laws, and we would do whatever we could to protect the
integrity of the election in spite of the laws that took away
transparency in our election processes. We focused on
recruiting, training, and deploying poll observers to cover as
many shifts as possible, beginning with the first day of early
voting in September 2021.
We trained approximately 4,500 volunteers who covered an
unprecedented 85 percent of the 14,000 shifts necessary for a
45-day election season. What did those observers do? They
observed. They worked. They watched. They documented. And they
saw issues and problems that they helped to resolve, both
before and after voting began. For example, one local task
force noticed boxes of returned mail at the local election
office and asked what it was. They were informed by the
registrar's office that these were letters sent out by the
registrar to voters at their registration address that had been
returned undeliverable. Those volunteers came back to the VFE
weekly call, reported what they had found, and asked what is
supposed to be done with those undeliverable addresses.
Our Virginia elections law expert, a former state electoral
board member, advised that information is required by state law
to be entered into the voter data base, and a voter whose
letter is returned undeliverable becomes inactive and must take
action in order to cast a vote. The volunteers returned to the
registrar's office armed with the statute and informed the
registrar what the law requires. The registrar said he had no
idea about this law and immediately instructed the staff to
start entering the information into the voter data base as the
statute required.
Our motto is ``be right, be polite.'' Our goal is to assist
election administrators in complying with State law and to do
so in a congenial and cooperative manner. And we have found
that many times failure to adhere to the law is not nefarious
or intentional but is a result of innocent mistakes or failure
to be aware of statutory requirements.
We are frequently thanked for bringing these oversights to
officials' attention. In 2022----
The Chairman.
[Presiding.] I am going to ask you to keep your remarks
tight here, maybe just a quick wrap up of your remarks. The
full remarks will submitted to the record.
Ms. Taylor. I will be happy to do that.
We simply believe that citizen observers belong in the
election offices as recognized by the laws of virtually every
state. Our mission is to keep--the greatest challenge is the
loss of confidence in our election system by the people of this
country.
Thank you for this opportunity to speak with you today, and
I'm happy to answer any questions.
[The prepared statement of Ms. Taylor follows:]
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The Chairman. Thank you very much, Ms. Taylor.
Mr. Findlay, you're now recognized for 5 minutes.
STATEMENT OF JOSH FINDLAY
Mr. Findlay. Good morning, Chairman Steil, Ranking Member
Sewell, and members of the Subcommittee on Elections. Thank you
for giving me the opportunity to testify today on election
observer access, which has been a key focus of my work as the
national director of election integrity for the Republican
National Committee.
Despite what you see in headlines and on social media,
those who work to promote responsible election observation know
that it is an essential and time-honored aspect of our Nation's
democratic process. Working day in and day out to recruit, to
train, and shift volunteer poll watchers in a responsible
manner might be referred to by some as the blocking and
tackling, or the basics of an election, and from experience, I
view that as a fair assessment.
As I have often said to volunteers, as both Republican and
Democrat volunteers have said to me, the best and most
successful election day is an incredibly boring one. However,
that does not make this work any less important. It is my
belief, and I think the belief of many members of this
Committee, that ensuring bipartisan election observation is a
necessary plank of our Nation's obligation to administer free,
fair, and transparent elections.
Observation creates transparency. Transparency creates
trust. It also bears mentioning that partisan election
observation has been part of our Nation's political process
since the 18th century. Given that poll watching is a statutory
party function in many States, the Republican party and
specifically the Republican National Committee, have a clear
role to play in this process.
Meeting this moment successfully in 2022 required the
construction of a comprehensive election observation program.
To carry that out, we recruited, evaluated, and hired 17 civic-
minded individuals to serve as election integrity state
directors.
We then worked with the RNC's legal and communications
departments to create a comprehensive training program,
including the uniformed distribution of state-specific training
products like literature, training presentations, and other
materials. The RNC also provided State counsel to all of its
election integrity State directors to ensure compliance with
all state and federal laws. We created an organized program
aimed at making it easier to vote and harder to cheat.
Once we built this structure, we found out that there were
plenty of Americans who wanted to get involved in the process
by learning how to be a poll observer. Our election integrity
directors connected with those volunteers. The RNC vetted those
potential volunteers, and we trained those who passed the
vetting process to become election observers. We conducted
these trainings while constantly disseminating and adhering to
the RNC's poll watching principles. These are the principles
that we required our volunteers to follow while conducting
election observation.
I'd like to submit them for the record as follows: 1, be
respective and courteous to other volunteers and election
officials; 2, follow instructions provided by election
officials; 3, do not interact with voters; 4, do not disrupt,
obstruct, or interfere with the voting process; 5, know and
follow your training, including on the applicable laws for
election observers; 6, direct any questions to appropriate
staff and do so politely; 7, carry required volunteer
credentials and identification as required during the shift; 8,
arrive on time and only take notes; 9, do not interact with the
media without prior approval; and, 10, contact the RNC's
election integrity team immediately if you are ever in doubt
about how to approach an issue or you witness any potential
violations of election law.
These principles were the foundation of our program. Anyone
who did not commit to these principles to conduct election
observation in a courteous, respectful way could not be part of
the program. The RNC required all of its trainings to include
these principles. By election day, the RNC's Election Integrity
Program had conducted over 5,000 trainings and trained over
80,000 poll watchers and poll workers across the country.
I want to be clear: This is a win for the political
process. Any time that Americans, Republican or Democrat,
volunteer by the thousands to help ensure that our political
process works, that is a victory for this country. That is the
story of our election integrity efforts. The RNC believes that
election integrity promotes transparency and that transparency
creates trust. The RNC created a nationwide accountable
election observation program that recruited and trained
volunteers in massive numbers.
I look forward to talking more about why election
observation is important, why the RNC has an important role in
election observation, and the work ahead to secure free, fair,
and transparent elections.
Thank you for your time.
[The prepared statement of Mr. Findlay follows:]
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The Chairman. Thank you very much, Mr. Findlay.
Mr. Cunnington, you are recognized for 5 minutes.
STATEMENT OF MICHAEL CUNNINGTON
Mr. Cunnington. Chairman Steil, Ranking Member Sewell,
members of the Committee on House Administration, Subcommittee
on Elections, thank you for the opportunity to testify today as
part of the 2022 Midterms Look Back Series on election observer
access.
I truly appreciate that this committee is seeking
perspectives from those who have actually spent time as
elections administrators. As a former secretary of state
herself, I'm sure Chair Lee would also agree that the
experience of working in elections administration provides a
unique perspective when discussing the functions of our
election system. As noted in my bio, I previously spent time as
an administrator for the Summit County, Ohio, Board of
Elections, where I hired, trained, and maintained a system of
over 2,000 individuals to be available to do the important work
of managing the polls on election day.
Just for good measure, I still take the time during each
election to serve as the voting location manager for four
precincts in my home county. So, needless to say, when I was
working for a member of Ohio's congressional delegation and I
found out about the Election Observer Program here in the
Committee on House Administration, I said yes as fast as I
could.
I understand that this is a retrospective about the 2022
elections, but I do understand--I do feel that my experience in
2020 provides a good perspective on some of the challenges and
opportunities of this program. The Election Observer Program is
limited to employees of the House in order to build an
independent record in the event of a contested election. This
function helps the House to be ensured that the actual winner
is seated. It is very important to note that House employees
that are deployed receive extensive training prior to election
day.
Some of the issues covered in the training include basic
principles of election administration and emphasizing core
concepts about the neutrality of the program, such as the fact
that the congressional observers cannot touch ballots or
advocate on behalf of candidates. I will note that, as somebody
that no longer works for Congress, I do wish that there was a
way to get alumni back into the program.
My series of deployments in 2020 began the day after the
election and ran until about the week before Christmas. I was
deployed in four locations, including the contentious post-
election scenarios in the Iowa Second and New York 22d races.
The Iowa Second race, where now Congresswoman Mariannette
Miller-Meeks won by 6 votes out of approximately 390,000 cast,
truly shows how important the Election Observer Program can be.
During my deployment in Iowa, I sat and watched as the recount
board worked through many issues on reconciling counts. There
were a lot of different issues that popped up in that race, and
without the Election Observer Program, it would have probably
been very confusing to try to relay all that back here to the
Committee on House Administration.
Just in Scott County alone, Representative Miller-Meeks'
lead shrank from election night by about 30 to 40 votes during
the recount. It was one of the largest vote shifts during the
rate count of any county in the district, largely because of an
issue related to tallying the absentee precincts. I got to sit
there and watch as the county recount board worked through
issues, such as double bubbles or hesitation marks, as we call
them in election administration, and we relayed that back
through contemporaneous records by both Republican and
Democratic staff.
During my Pittsburgh, Davenport, and upstate New York
deployments, I was also partnered with Democratic staffers that
were deployed. The Pittsburgh deployment was an interesting
example because, in the Allegheny County office, there--it's a
large warehouse, and at the time, the Presidential election had
not been called in Pennsylvania, and so there were
international media and a lot of observers there. My Democratic
colleague and I agreed that we needed access to certain parts
of the warehouse beyond what the political party observers
noted had, and we worked together in that way with the
Allegheny County officials.
This is a good opportunity to note the difference between
the House Election Observer Program and political party
observers. House observers are there to build the record for
this committee. They are not there to advocate on behalf of
political candidates. They are there just to build that record.
I would note that the explicit constitutional authority for the
House to be the judge of its own Membership and the important
role that the EOP provides in building an independent record in
the event of a contest, it is vital for House employees to be
able to access all areas of a local election administration
building.
In the end, you know, we were able to access many of the
areas that we needed. However, there were other staff in places
like Arizona and Virginia that had less ability to do so. I
believe that a statutory citation for the program not only
gives clarification to the program but also allows employees of
this committee to engage with the Election Observer Program or
election administration community to do education on the
program.
Thank you for the opportunity to testify here, and I will
take any questions.
[The prepared statement of Mr. Cunnington follows:]
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The Chairman. Thank you very much, Mr. Cunnington.
Ms. Lyons, you are now recognized for 5 minutes.
STATEMENT OF LISA LYONS
Ms. Lyons. Good morning, Chairman Steil, Ranking Member
Sewell, and members of the committee, it is truly a privilege
and a pleasure to be before you today. The communities and
voters I serve are probably not too different from those you
represent in your districts. Kent County is one of Michigan's
fastest growing and its fourth largest county with a population
of just over 650,000 residents. Just before the November 2020
election, we surpassed about 500,000 voters, who are spread
through 30 townships and cities, including Michigan's second
largest city, Grand Rapids.
In the 6 years that I have served as clerk, our team has
administered 20 elections, 3 or 4 each year. I like to say
that, in Kent County, we do elections often, and we do them
well. While every election is a huge undertaking, I view each
opportunity--each as an opportunity to serve as an ambassador
to the public, educating and informing them on the process and
the many ways they can and should get involved in their
elections. I grew up on a farm but also around politics, and
from my upbringing, as well as my time serving in the Michigan
legislature, I gained an understanding of elections that many
others likely weren't exposed to outside of their high school
government class.
I understand fully the unique ways Michigan's elections are
structured and the many checks and balances in place at every
stage of the process, and I have confidence in those elements.
But, as the clerk of a Bellwether county who was on the front
lines of 2020, I know full well that I represent voters of all
political leanings who question whether they can or should have
faith in their elections. And it's my job to do everything I
can to share what I know, that while there are certainly areas
in which we can improve, they can and should be confident that
their elections are secure, transparent, fair, and accurate.
I often tell folks: But don't just take my word for it;
come see for yourself. It's a trust but verify thing. In
Michigan, there are numerous ways for those interested to
observe every step of the elections process, from pre-election,
where we test our equipment and approve ballots for printing,
to voting before or on election day and at each critical post-
election process, such as the canvas and certification of
results, recounts, and audits.
Before I go further, I want to quick review a few terms
that we use in Michigan to ensure we are all of the same
understanding. I know different States use different terms for
these roles. Election inspectors, as they're called in
Michigan, are paid to administer the election in the precincts
and in our absentee counting boards. They're required to be
trained by our county and local clerks, and they're retrained
every 2 years. Election workers or poll workers are often terms
used interchangeably for that role.
Poll watchers is a term literally for any member who wishes
to come watch the process unfold. They have no official role,
and they're designated to a confined area within the polling
location. Media most often utilizes this space.
Finally, there's poll challengers or, as termed in this
hearing, election observers.
I want to focus on poll challengers because it seems in
recent years at least to have gained an unearned negative
association that's largely a product of what could be
considered election season hyperbole and not the result of
widespread systemic nefarious acts on the part of the
challengers themselves.
Poll challenging is not new. It didn't come about in 2022,
2002, or even 1992. Nor is it one that should cause concern for
voters, candidates, election workers, or the media. In
Michigan, a poll challenger is a registered voter, credentialed
and trained so that they're familiar with and comply with
Michigan election law, especially those that expressly prohibit
the acts of voter intimidation. Both major parties are allowed
to and do appoint poll challengers in every general election.
Additionally, as clerk, I routinely approve poll challenger
applications in my county for the NAACP, the ACLU, The Carter
Center, Promote the Vote, and the Election Integrity Fund. I
expect those organizations will act in good faith to properly
train their challengers. Challengers in Michigan are allowed to
sit behind the processing table. They may inspect but not touch
any election material. They are not allowed to approach or
question a voter, but they are allowed to alert an inspector of
a challenge they wish to make to the voter's eligibility.
A poll challenger has the right to challenge the conduct of
the election inspectors themselves should they believe it's not
being complied.
While it may seem adversarial, situations are not handled
that way by properly trained election workers and poll
challengers. And most challenges are resolved within a matter
of minutes without disruption to any voter or process.
To wrap up, poll challengers play a vital role in our
election process. When they're properly trained, poll
challengers ensure accountability and are an important check
and balance in our elections. Because I value transparency and
promote it, I welcome and encourage the involvement and
observation of every citizen in their election, whether they
serve as an election inspector, a poll challenger, or just
simply cast their vote. Transparency, education, and
participation are the keys to building and maintaining public
trust in elections.
I thank this committee for the highlight of the important
role they play and the right of the citizens to engage.
I thank you, Mr. Chair, for the opportunity.
[The prepared statement of Ms. Lyons follows:]
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The Chairman. Thank you very much, Ms. Lyons, for your
testimony.
Mr. Hovland, you're now recognized for 5 minutes.
STATEMENT OF HON. BENJAMIN HOVLAND
Mr. Hovland. Good morning. I'd like to thank Chairwoman
Lee, Ranking Member Sewell, and members of the subcommittee for
the opportunity to testify before you today.
I'd also like to thank Chairman Steil and Ranking Member
Morelle of the full committee.
I'm Ben Hovland, Vice Chair of the United States Election
Assistance Commission, or EAC. The EAC is an independent
bipartisan agency and is the only federal agency solely focused
on election administration. Any discussion of the 2022
elections should acknowledge the tremendous job that state and
local election officials did to run the midterm elections
smoothly while facing unprecedented challenges.
Leading up to the 2022 election, there were widely reported
concerns about the potential for violence on election day,
which thankfully did not materialize. However, election
officials still had to take necessary precautions to assure the
public it was safe to vote. The effort required to conduct this
election was substantial, and the officials who managed this
task deserve our thanks and praise.
Today's topic of election observer access raises important
questions of how to balance transparency, security, integrity,
and safety in the elections process. Transparency is key to
building confidence and fostering trust in our election
outcomes. Let me be clear: Election observers who are properly
trained and abide by the rules in their jurisdictions are
needed and encouraged in order to maintain transparency and
accountability in our elections.
While policies related to how to become an observer, when
they are allowed to observe, and where they can be present vary
from state to state, it's critical that election officials
provide clear communication about the rules and
responsibilities of observers and their jurisdictions. Access
to information about observer policies, necessary training
about elections procedures, and guidance about acceptable and
prohibited conduct is crucial for a successful observation
program.
No matter who is observing an election, the role of a poll
watcher is to observe and monitor the election without
violating voter privacy or disrupting the election. As noted in
reporting from last fall, there have been reports of observers
disrupting or attempting to interfere in the elections process.
That behavior should not be tolerated, and the rule of law must
be followed. It is essential that observers conduct themselves
in a professional manner and follow the rules so they do not
interfere with the election.
Too often we've seen individuals unfamiliar with the
elections process mistake regular election activity for
something nefarious. The EAC has created and updated a number
of resources related to the topic of election observation,
including our quick-start guide on poll watchers, a brief
election observers overview document, and a communicating
election and post-election processes tool kit that provides
election officials with customizable signs, pocket guides, and
handouts. These educational materials can help anyone observing
the election have a better understanding of what is taking
place.
Election procedure, education efforts, along with proper
training for election observers can go a long way toward
increasing understanding of the many safeguards election
officials have in place to ensure the accuracy and integrity of
our elections. The public needs credible, accurate information
that they can rely on. Efforts to increase awareness about
everything from the most basic election information about where
and how to vote to more complex issues, such as eligibility,
are critical as we're seeing a number of Americans lose faith
in the process and in our democracy.
In the last several election cycles, there's been an
unprecedented level of mis-and disinformation, particularly
spread on social media, that has sown distrust and even
motivated some Americans to threaten and harass the public
servants that run our elections. My fellow Commissioners and I
regularly meet with election officials across the country.
Since the 2020 elections, we've heard many distressing stories
about the threats and harassment election officials have faced
simply for doing their jobs.
While I wish there was a simple solution to the challenges
we face, I do not know of one. What I do know is that the
answer begins with fact-based conversations about how our
elections are administered. Beyond that, it's going to take
work and resources from the federal government as well as
states and local jurisdictions. We must invest in our
democracy, including voter education. We need to depoliticize
election administration and recognize that election
administration should not be about partisanship but rather good
governance and customer service.
We must put the voters first and respect the voice of the
American people. That, we can all agree on. Thank you, again,
for the opportunity to testify today, and I look forward to any
questions you may have. Thank you.
[The prepared statement of Mr. Hovland follows:]
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Chair Lee. [Presiding.] Thank you, Commissioner Hovland.
I'll begin our questions today followed by the ranking
member. We will then alternate between the parties.
I will now recognize myself for the purpose of questioning
our witnesses. Ms. Lyons, I'd like to start with you. In your
assessment, why is it important for individuals to observe the
election administration process?
Ms. Lyons. Thank you for the question, Madam Chair. I
really believe that elections are the bedrock of our Republic,
and our Republic is reliant upon public trust in that process.
Public trust in that process is reliant upon knowing the
process and participating in it. So I think it's really
important to be able to have transparency in our elections so
that people can observe at every stage, not just the challenger
stage but at every stage, so that that transparency breeds
trust.
Chair Lee. Can you describe for us the process for election
observation and what--how that happens in your county, and
whether election observers have to be credentialed?
Ms. Lyons. I'm sorry. Could you repeat the question, Madam
Chair?
Chair Lee. Sure. Could you describe for us the process of
election observation in your county? What stages of the process
do election observers get to view, and are they credentialed?
Ms. Lyons. Yes. Thank you for the question, Madam Chair.
Political parties by right are able to appoint--appoint
election poll challengers, and they are credentialed. All of
the credentials must meet a certain template, which is outlined
in the manual provided by the State. So every challenger is
credentialed. They are required to present their credential but
may not display it during the voting--the time in which
citizens are voting. Other organizations who have an interest
in election integrity or voters' rights, they also are
permitted to credential challengers.
Those individuals must apply at the country clerk level,
and they have to do that within 20 to 30 days before the
election. Within 2 days, the clerk must either accept or reject
that application. So, once that is--once that is set, they will
know who is credentialing challengers for each election. Every
local clerk must--every county clerk must notify the local
clerk of each organization or party that is credentialing
challengers within that jurisdiction--within the jurisdiction,
and then each local clerk is required to make sure all of our
precincts and county boards are aware of who is able to present
credentials and serve as poll challengers.
They may observe any part of the process. They play a role.
They stand behind the table to inspect or watch all of the
election material, the voter applications. They may not
approach a voter. They may not speak to a voter. They may not
imply that they are able to assist a voter. Any conversation
that happens, any verbal interaction that happens with a
challenger is established with a challenger liaison, one of our
election inspectors designated to converse with a challengers
themselves.
Chair Lee. Thank you.
Mr. Cunnington, would you describe for us, please, how
congressional observers are different from observers from
political parties or representing a particular candidate?
Mr. Cunnington. Thank you, Chair Lee.
That is a really important question because it is quite a
different distinction. As some of the witnesses have already
noted here, a political party observer is typically operating
under State law or local rules, as was just described by the
county clerk. You know, the Congressional Observer Program is
operating under a direct constitutional authorization. It is a
vitally important role to build that independent record in the
event of a contest. And so, you know, arguably there are
aspects of things that we might need to be a little bit closer
to, or you know, areas that we might want to view for different
reasons that maybe the regular--depending on what the State
laws in a given area are, they may prohibit regular political
party observers from being able to see.
In my experience, we never really had that much of an issue
in the places that I was deployed to, but obviously we have
been aware that there are concerns from State and local
election administrators where these--the CHA observers are
deployed, and that's where I think an additional citation in
the Federal Code would be really helpful in order to be able to
do additional educational outreach to the election
administrator community.
Chair Lee. Would you expand on that? In your testimony, you
mentioned a citation of convenience. Would you tell us a little
bit more about that, and what it is that you think would be
helpful?
Mr. Cunnington. Well, so, you know, obviously, state and
local election administrators are, particularly during election
season, always under the gun. They're always working really
hard. You know, I worked 29 straight days in 2016 as a local
election administrator, and I wasn't even the person that
worked the most days in a row at our county board of election.
And so, you know, when somebody shows up with a letter from the
Committee on House Administration saying ``I'm an election
observer here under this additional constitutional
authorization, I have the ability to maybe do a little bit more
than what your state or local laws or rules, you know, would
normally allow,'' I can understand why those election
administrators would be a little bit--want an additional
information. Having something specifically in Federal Code to
be able to point to ahead of time, you know Committee staff are
always talking to Secretary of States, talking to local
election administrators before election periods. Being able to
really do some educational outreach around a specific piece of
code I think would really make it less of a struggle during the
actual election period in which congressional observers are
deployed.
Chair Lee. Thank you.
Ms. Taylor, would you describe for us what you consider to
be meaningful access to observe the elections process?
Ms. Taylor. Yes. Meaningful access is actually decided by
each different state as to what they think is proper access.
What we think it should be is, have the ability to hear
when a name is called, that they have the ability to see that
only one ballot is being handed to the voter. When they--at
each section, that they have the opportunity to see what is
going on. No one wants to see anyone's private information. But
we do want to make sure that the person who walks in the door
is who they say they are, that they only have one ballot, and
that they proceed with that ballot in an appropriate manner.
This is very difficult to do when you have mail-in ballots.
In the mail-in ballot arena, you want to make sure that the
laws that govern that State's mail-in ballots are applied
correctly. If there is supposed to be a witness signature, if
there is supposed to be the last four digits of a social
security number on the envelope, to make sure that those things
are actually where they're supposed to be and to make sure
that, when the ballots come out, that it is put into the proper
place.
Chair Lee. Thank you.
A final question for Ms. Lyons: Do you leave that
meaningful election observation builds voter confidence in
election results?
Ms. Lyons. 100 percent. I believe that any time a citizen
can engage and participate in their election, it gives them
more ownership in that election, and they can see for
themselves: Again, don't just take my word for it, but come see
for yourself.
I really believe that that does a lot to breed voter
confidence, as well as public trust.
Chair Lee. Thank you.
I now recognize Ranking Member Sewell for 5 minutes for the
purpose of questioning our witnesses.
Ms. Sewell. I want to thank all our witnesses for being
here today. I only have 5 minutes, and so I may ask some yes-
or-no questions, and I simply ask that you do that for me.
Mr. Findlay, were the 2020 and 2022 elections fair and
secure, yes or no?
Mr. Findlay. The 2022--I would say that the 2020 election--
--
Ms. Sewell. Yes or no sir? I only have 5 minutes.
Mr. Findlay. Yes.
Ms. Sewell. Ms. Taylor, were the 2020 and the 2022 midterm
elections fair and secure?
Ms. Taylor. Yes.
Ms. Sewell. Ms. Lyons, in your experience, administering
elections in your jurisdiction in Michigan, were the 2020 and
the 2022 elections fair and secure, yes or no?
Ms. Lyons. In my experience, absolutely yes.
Ms. Sewell. Commissioner Hovland, I wanted to ask a
question regarding the Congressional Observers Program. I know
that part of the job of the Election Assistance Commission is
to educate voters as to what's going on, as well as inform
elected officials and electioneers, people who are
administering the elections, of the law. I--the congressional
Observers Program, literally the authority comes from the
Constitution.
So do you educate voters and administrators of elections
about the importance of that, or do you think that we need to
have a statutory authority designated in order to continue to
do it?
Mr. Hovland. Thank you for the question. As you mentioned,
we produce a lot of educational materials to support election
officials at the Election Assistance Commission, as well as
voters. You know, I leave the legislating up to you all. But,
you know, as I listen to the testimony and thought about the
issue of congressional observers, one thing that came to mind,
it might be a great topic for an Election Assistance Commission
video series that we could send out to one of our boards or all
of our advisory boards. Again, our newest board, the Local
Leadership Council, has leadership from every state in the
country of the local professional association, and that would
be a great opportunity to educate officials about the
Congressional Observer Program specifically.
Ms. Sewell. Very good.
Election observation and poll monitoring are longstanding
practices of the United States elections. Providing
transparency at multiple stages of the election process helps
increase public confidence and allows insight into what is
otherwise a very technical process. And I think all of us will
agree that it's an important way of getting better confidence
in our election process.
Commissioner, can you actually describe some of the
measures you have seen states and local election jurisdictions
take to gain greater transparency at various stages? Likewise,
how have election officials balanced this need to keep their
workers and the ballots and the voting equipment safe and
secure?
Mr. Hovland. Absolutely. You know, when you look at, you
know, our election process, of course, transparency is at the
heart of that. When I talk to election officials around the
country, you know, they are interested in that. You know, many
times they are begging the public to come out to things like
logic and accuracy testing and to see that and understand the
process.
You know, again, I think so much of what we've seen in the
mis-and disinformation space is around a lack of understanding.
So, as I noted in my testimony, you know, when there are people
engaged in the process lawfully, whether as poll watchers, as
poll workers, you know, that is always welcome, and/or
opportunities just for the public to engage and see the
process.
I think that key component there is that people are
following the rules, following the law. You know, we've seen,
again, obviously since 20----
Ms. Sewell. I wanted to also ask Ms. Lyons to answer that
same question.
From your vantage point, how can we balance the need for
public confidence and integrity of our elections and at the
same time protect voter intimidation and, frankly, worker--poll
worker intimidation? How do you think Michigan has been able to
do that?
Ms. Lyons. Thank you for that question. I really appreciate
it.
I think the key truly is training. In Kent County, we are
responsible for training our election inspectors, and we spend
a great amount of time making sure to train those individuals
working our elections to be prepared to expect poll challengers
and how to handle those instances so that nobody is caught off
guard and nobody is surprised.
On the flip side, I think it's really important to have
quality training for our poll challengers so that they know
full well what the election laws are and what their rights are
and where their rights----
Ms. Sewell. Thank you so much.
Thank you, Madam Chair, for letting me extend a little
time.
Chair Lee. I now recognize Mr. Morelle for 5 minutes for
the purpose of questioning our witnesses.
Mr. Morelle. Thank you, Madam Chair.
Thank you all for being here and for your work.
About 2 weeks ago, this subcommittee met the witnesses.
Among others were Kyle Ardoin, who is the Louisiana Secretary
of State; and Chris Anderson, who is the Seminole County
supervisor in Florida. Both testified under oath that they
believe Joe Biden won the 2020 election.
Let me ask each of you. Ms. Taylor, do you believe Joe
Biden won the 2020 election?
Ms. Taylor. Yes, sir.
Mr. Morelle. Mr. Findlay, do you believe Joe Biden won the
2020 election?
Mr. Findlay. Yes. Joe Biden is the sitting President.
Mr. Morelle. I'm sorry?
Mr. Findlay. Yes.
Mr. Morelle. Mr. Cunnington, do you believe Joe Biden won
the 2020 election?
Mr. Cunnington. Yes, I do.
Mr. Morelle. Ms. Lyons, do you believe Joe Biden won the
2020 election?
Ms. Lyons. Yes.
Mr. Morelle. Mr. Hovland, do you believe Joe Biden won the
2020 election?
Mr. Hovland. Yes.
Mr. Morelle. Before I go on, one thing I do want to note,
disclose publicly, I was a county chair for 9 years. I was the
Monroe County Democratic Party chair and issued thousands of
poll watcher certificates in New York.
I'm not aware of people suggesting that we should not have
poll watchers. I just vehemently would be opposed to that. I
think poll watchers are an integral part of this process.
Sometimes it's hard to find enough people to do it. I'm sure
all of you appreciate that, but I think they are important. So
I wanted the record to reflect that.
I did have a couple of questions, though. Pardon me for
jumping around, but in the 5 minutes, it's awfully hard to get
all of this done.
I do want to ask a question of you, Ms. Taylor. I note that
you appeared on a podcast called ``Who's Counting.'' And you
said, and I think this is a quote, you observed that the
organization realized, after the Presidential election--well,
that after 2020, there were a lot of very angry people who
thought there was something fishy going on in that election and
that you were not sure you disagreed with those folks.
So what--I'm sort of curious. In the last year, what's
changed your opinion about the 2020 election?
Ms. Taylor. I'm not sure that I understand your question.
Mr. Morelle. Well, I assume when you were relating to the
2020 election, you said in the podcast that you were not sure
you disagree with the folks who thought there was something
fishy going on in that election, and it was on Cleta Mitchell's
podcast, who I think was part of the effort by--was even on the
phone call that is now under some review by the Georgia
Secretary of State and the President to find 11,780 votes.
Cleta Mitchell was involved in that phone call. She was on
the podcast, and you responded that way. You just said under
oath that you thought Joe Biden won.
So, in the last year, since you appeared on that episode,
I'm just curious as to what changed your opinion or what that
you at the time thought was fishy and----
Ms. Taylor. I have not changed my opinion. I do believe
that President Biden is the President.
Mr. Morelle. No, but that's not what you testified under
oath. I asked you if you thought he won the election, not if
he's the President.
Ms. Taylor. Oh, okay.
Yes, I do believe that he won the election.
Mr. Morelle. Okay.
Ms. Taylor. I don't think that I said that in the podcast
that he didn't win the election.
Mr. Morelle. No.
Ms. Taylor. Were there people who were questioning after
2020? I think we all heard it.
Mr. Morelle. Well, and you said you were not sure you
disagreed with those folks.
Ms. Taylor. I don't--because I didn't know the answer.
Mr. Morelle. That's what I'm saying. So you----
Ms. Taylor. I have no idea of evidence of any fraud.
Mr. Morelle. Okay. Very good.
I wanted to ask you, Mr. Hovland, there has been a lot of
concern about the potential of violence on election day, and I
want to ask if you thought the current impact or the current
environment is impacting election workers, both the ability to
attract and retain workers who, obviously, are critical to
being able to carry out elections?
Mr. Hovland. Thank you for the question.
You know, we are seeing significant turnover in the
profession, both for election officials, and, you know, it has
always been hard to get poll workers, but certainly there are
some concerns.
When I think--when you look at the environment that
election officials are facing, really since 2016, we've seen an
increase in the cyber threats, challenges with mis-and
disinformation that's been compounded by physical threats and
harassment. You know, we've more recently seen the
weaponization of records requests.
Election officials across the country are really inundated
and need our support.
Mr. Morelle. Very good.
I do say, and I would say this to my colleagues as well as
the witnesses, I appreciate the focus on restrictions on
observers. I would hope this Committee would be equally
concerned with restrictions on voters.
Before I yield back, Madam Chair, I ask unanimous consent
to enter into the record a staff memorandum which provides
background on the Congressional Election Observation program
and contested elections.
Chair Lee. Without objection, it will be admitted into the
record.
[The information referred to follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Mr. Morelle. Thank you.
Chair Lee. I now recognize Mrs. Torres for 5 minutes for
the purpose of questioning our witnesses.
Mrs. Torres. Thank you, Chairwoman.
Commissioner Hovland, it is my understanding that the
Election Assistance Commission is involved in several convening
organizations, state and local election officials, law
enforcement personnel, nonprofits, and other government
agencies that seek to protect election officials from attacks
and intimidations.
Can you tell us a little bit about how that's going and
what have been some of the outcomes based on those meetings
that you have been--participated in?
Mr. Hovland. Yes.
You know, the agency, the Election Assistance Commission,
has certainly heard from a number of those people. I,
individually, as part of the Committee for Safe and Secure
Elections have also heard a number of those conversations.
You know, and really, I mean, it is heartbreaking to hear
the stories of people, publicly servants who run our elections,
you know, doing their jobs and being scared for their own
physical safety, for the safety of their families. You know, a
lot of the work of, as I mentioned, the Committee for Safe and
Secure Elections, that's a bipartisan group and----
Mrs. Torres. I'm just interested in what has been the
outcome of those briefings.
Mr. Hovland. Well, those conversations really have been--
you know, so much of this conversation has been about that
balance of transparency and security, and a lot of those
conversations are recognizing that we want Americans to
participate in the process----
Mrs. Torres. Have there been any recommendations that have
been made?
Mr. Hovland. There have been a number of recommendations,
including primarily helping law enforcement and election
officials work together. I have those conversations ahead of
time so that everybody involved knows where that line is
between the First Amendment and crossing over the line.
Mrs. Torres. As well as the roll that they play in ensuring
that every voter has an opportunity to cast their ballot.
You know, as a member of the Financial Services and General
Government Appropriations Subcommittee, which has jurisdiction
over the Election Assistance Commission, I look forward to
working with all of my colleagues to ensure that we are
supporting States and election officials at all levels.
Ms. Lyons, thank you for being here, and thank you for your
statement and your commitment to ensuring that, you know, you
are providing the training and the leadership, you know, for
all observers.
I wonder if you can share with me as to how many hours
these observers, you know, spend with you in their training and
at what cost, financially what cost?
Ms. Lyons. Thank you very much for that question.
I think it's important to make a distinction that, in terms
of training, the county clerk is responsible for training the
election inspectors, those who work in our precincts and in our
absentee counting boards, to administer the election.
The responsible party for training poll challengers in
Michigan lies upon the political parties and the organizations
who have been approved to be----
Mrs. Torres. Okay.
Mr. Findlay, how much time and at what cost do you train,
do you spend training folks?
Mr. Findlay. We spend significant time training our poll
watchers. We go through either an in-person or a Zoom training
with everybody who is going to be a poll watcher.
In addition to that----
Mrs. Torres. Is that in the law, the election law?
Primarily focused on training on election law?
Mr. Findlay. Yes. So on election law and also election
process.
Mrs. Torres. Do you spend any time teaching common
courtesy?
Mr. Findlay. Absolutely. As part of the poll watching
principles that I went through earlier, those are required to
be part of every RNC training. So, not only do we hold a
training where we go over those principles, we also distribute
those, you know, just prior to election day so that people have
a copy to take in there with them.
We also have people on the ground on election day, kind of
rovers, that might go from place to place to provide assistance
to our poll watchers.
Mrs. Torres. Thank you.
If I may interrupt and ask, you know, is there any
background done on any of these volunteers that you may know
of?
Commissioner, we'll start with you. As far as, you know,
have they been charged with aggravated assault for violating
any laws that would put potential volunteers and voters in
danger?
Mr. Hovland. You know, that's really something that's going
to vary across the country and the organization----
Mrs. Torres. Okay.
Ms. Lyons.
Ms. Lyons. Thank you for the question.
To my knowledge, there is no requirement of background.
They are just required to be registered voters.
Mrs. Torres. Mr. Cunnington?
Mr. Cunnington. I'm not familiar.
Mrs. Torres. Mr. Findlay?
Mr. Findlay. We do go through a vetting process to make
sure that people are who they say they are.
Mrs. Torres. Thank you.
Mr. Findlay. We have----
Mrs. Torres. I ran out of time. So I will yield back to the
chair.
Thank you so much to all of you.
Chair Lee. Thank you, Mrs. Torres.
Again, I would like to thank our witnesses for joining us
today to participate in this important discussion about the
roll that election observers play in our Nation's elections.
Observers are critical to ensuring integrity and voter trust in
our elections.
We must work together to ensure that we have transparency
into how elections are administered so that, in turn, all
voters can have confidence in the outcomes.
There is a saying among election officials: Elections are
partisan; election administration is not. The observer program
helps us ensure that election officials across our country are
living up to this standard every day.
I also look forward to continue training of congressional
staff on how to be effective election observers and ensure
those volunteers have necessary access in future elections.
Members of the subcommittee may have some additional
questions for our witnesses, and we ask that you please respond
to those questions in writing.
Without objection, each member will have 5 legislative days
to insert additional material into the record or to revise or
extend their remarks.
If there is no further business, I thank the members for
their participation.
Without objection, the committee stands adjourned.
[Whereupon, at 11:44 a.m., the subcommittee was adjourned.]
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